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Unscrupulous employers can intentionally add in assignment of copyright clauses that unjustly benefit the employer and improperly claim copyright assignment and other rights which they have not paid for and are not legally entitled to claim.If you have questions about your copyright interests or rights, even if under a work-for-hire agreement, it is always worth the few minutes it might take to discuss the situation with an IP lawyer.Determining copyright ownership means going back to the very origins of the creation or work and tracing all the facts concerning copyright ownership going forward to the present in a “chain of title” search that is similar a real estate title search used to validate land ownership.
About the Author: Christine Varad is the principal writer and editor for Varacolors Media.
She earned her JD in law from New England Law and holds a BFA from Massachusetts College of Art and Design.
The second way is to research and find a transfer or assignment agreement.
Termination of Transfers An author who has transferred a copyright to another party can reacquire their rights after a certain number of years through the process of terminating a transfer.
Exclusive vs Non-Exclusive License There are various types of written transfer of copyright ownership.
The Copyright Act of 1976 specifies that the “transfer of copyright ownership is an assignment, mortgage, exclusive license, transfer by will or intestate succession, or any other change in the ownership of any or all of the exclusive rights in a copyright, whether or not limited in time or place of effect, but not including a non-exclusive license.” Transfer of Copyright under Work-for Hire Agreements Recognizing copyright transfer or assignment language in work-for-hire and even in general independent contractor work contracts can sometimes be quite difficult.
Copyrights are important because they allow an author to create original works without the fear of later having it stolen by another author.
Although registering your copyright typically makes it much easier to defend your copyrighted works, it is not necessary.
The work is considered to be protected by copyright upon its creation.
There are instances where an author may want to transfer some or all of his or her copyright to another person or entity.